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COMMENT DUE DATE:  

March 3, 2017

DATE: 

February 1, 2017

Shirley Russell, Child Welfare Services 405-521-2881

Dena Thayer, Programs Administrator 405-521-4326

Nancy Kelly, Policy Specialist 405-522-6703

RE:  

APA WFs 15-02 and 17-06

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Permanent .  This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.

SUBJECT:CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 3. Child Protective Services

Part 1.Purpose,Definitions,and Hotline Protocol

340:75-3-120[AMENDED]

340:75-3-130[AMENDED]

Part 5. Investigative Findings and Appeals

340:75-3-530 [AMENDED]

Subchapter 6. Permanency Planning

Part 1.General Provisions

340:75-6-4[AMENDED]

Part 5.PermanencyPlanning Services

340:75-6-31 [AMENDED]

Part 7.FamilyandChildIndividualizedServices Planning Components

340:75-6-40.1[AMENDED]

340:75-6-40.4[AMENDED]

340:75-6-40.9[AMENDED]

Part 8. Child Welfare Specialist Role

340:75-6-48.3[AMENDED]

340:75-6-50 [AMENDED]

Part 11. Permanency Planning and Placement Services

340:75-6-85 [AMENDED]

340:75-6-85.2[AMENDED]

340:75-6-85.5 [AMENDED]

340:75-6-89 [AMENDED]

340:75-6-91 [AMENDED]

Part 13. Independent Living Successful Adulthood

340:75-6-110[AMENDED]

Subchapter 7. Foster Home Care

Part 6. Foster Resource Home Care Support Services

340:75-7-65 [AMENDED]

Subchapter 8.Therapeutic Foster CareandDevelopmental Disabilities Services

Part 1.Therapeutic Foster Care

340:75-8-6through 340:75-8-9[AMENDED]

340:75-8-11 through 340:75-8-12 [AMENDED]

Subchapter 11. Child Welfare Community-BasedResidential Care

Part 17. ContractedCommunity-BasedResidential Care Providers

340:75-11-230[AMENDED]

340:75-11-233.1 [AMENDED]

340:75-11-237[AMENDED]

340:75-11-239through 340:75-11-240[AMENDED]

Part 27. Residential MaternityServices

340:75-11-320[AMENDED]

Part 33. ContractedLevelD Plus and Level EPlacements

340:75-11-360[AMENDED]

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 1. Eligibility for Substitute Care Services and Claims for Payment

340:75-13-9 [AMENDED]

Part 5.Clothing Purchases

340:75-13-45[AMENDED]

Subchapter 16. MentalBehavioral Health TreatmentServices

Part 1.Inpatient MentalBehavioral Health Treatment

340:75-16-29[AMENDED]

340:75-16-31[AMENDED]

340:75-16-35[AMENDED]

(Reference WF 17-06 and 15-01)

SUMMARY: The proposed revisions to Chapter 75 Subchapter 3, amend the rules to:(1) clarify the review procedure for substantiated findings of child abuse or neglect appeals; and (2) revise definitions and protocolsforchildprotectiveservicestocomplywithstatutorychangesfollowingpassageofHouseBills(HBs)1078and1273 (2015)andSenateBills (SBs)292and535 (2015).

The proposed revisions to Chapter 75 Subchapter 6, amend child permanency planning definitions and rules to:(1) complywithstatutorychangesfollowingpassageof HBs1078,1320,and2069 (2015);SBs762and763 (2015) alongwithfederallawperHouse Resolution 4980(2014); (2) update policy prohibiting use of corporal punishment by school personnel; (3) change approval requirements on overnight travel out of Oklahoma and the United States (U.S.); and (4) revise preventative child care subsidy policy to comply with federal requirements.

The proposed revisions to Chapter 75 Subchapter 7, amend the foster care rule to address child care subsidy, respite care, and travel reimbursement.

TheproposedrevisionstoChapter75Subchapter8,amendtherapeuticfoster care(TFC)rulesto:(1)complywithstatutorychangesperHB1078 (2015) andSB763 (2015);and (2)alignwithfoster carerules.

TheproposedrevisionstoChapter75Subchapter11amendcommunity-basedresidentialcare(CBRC)rulesto:(1)complywithstatutoryrequirementsperHBs1078(2015)and 1273 (2015); and (2) implement corestrategyapproved by Pinnacle Plan Co-Neutrals regarding maltreatment incare(MIC).

The proposed revisions to Chapter 75 Subchapter 13, amend the rules to:(1) align rule with Statute regarding responsibility for providing required documentation; and (2) update clothing authorization policy to reflect the Pinnacle Plan priority to increase resource parent reimbursement rates.

TheproposedrevisionstoChapter75Subchapter16,amendrulesformental healthtreatmentservices tocomplywithstatutoryrequirements perHB1078 (2015).

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162).

Chapter 75 Subchapter 3:10A O.S. §1-4-203, Child Abuse Prevention and Treatment Act, 42 United States Code (U.S.C.) § 5101 et seq.,

Chapter 75 Subchapter 3: 10 O.S. §§ 175.20 and 402; 10A O.S. §§ 1-1-101, 1-1-102, 1-1-105, 1-2-101, 1-2-102, 1-2-105, 1-6-102, and 1-6-105; 21 O.S. §§ 748, 748.2, and 1040.13a; HBs 1078 and 1273; SBs 292 and 535.

Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-1-102, 1-4-204, 1-4-705, 1-4-707, 1-4-803 through 1-4-805, 1-4-704, 1-4-812, 1-7-103, 1-7-106, 1-7-107, 1-7-110, 1-9-119; 70 O.S. § 1-101 et seq.; Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Adoption Provisions 1996, Individuals with Disabilities Education Act, Education of All Handicapped Children Act, 20 U.S.C. §§ 1400 through 1461, and 25 U.S.C. 1915.

Chapter 75 Subchapter 6: 10 O.S. §§ 7700-102, 7700-204; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-203, 1-4-204, 1-4-704, 1-4-706, 1-4-707, 1-4-709, 1-4-807, 1-4-809, 1-4-811, 1-4-901, 1-4-902, 1-4-904, 1-4-907, 1-4-908, 1-7-103, 1-7-106, 1-9-107; 70 O.S. § 1-101, 2601 through 2605, 3230; 20 U.S.C. §§ 1400 through 1461; 22 U.S.C. § 7102; 42 U.S.C. §§ 671 and 673; HBs 1078, 1320, and 2069; SBs 762 and 763.

Chapter 75 Subchapter 7:10A O.S. § 1-9-119; 68 O.S. § 2358.5-1.

Chapter 75 Subchapter 8: 10A O.S. §§ 1-1-105, 1-2-101, 1-6-102, 1-7-105, and 1-9-119; and HB 1078 and SB 763.

Chapter 75 Subchapter 11: 10A O.S. §§ 1-2-101, 1-3-102, 1-6-107, 1-7-103, 1-7-105, and 1-9-110; 70 O.S. § 1-113; and HBs 1078 and 1273.

Chapter 75 Subchapter 13:  10A O.S. § 1-4-203.

Chapter 75 Subchapter 16: 10A O.S. § 1-1-105; 43A O.S. §§ 5-502 and 5-513; and HB 1078.

Rule Impact Statement

To:Programs administrator

Office of Intergovernmental Relations and Policy

From:Jami Ledoux,Director

Child Welfare Services

Date:January 3, 2017

Re:CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 3. Child Protective Services

Part 1. Purpose, Definitions, and Hotline Protocol

OAC 340:75-3-120 [AMENDED]

OAC 340:75-3-130 [AMENDED]

Subchapter 6. Permanency Planning

Part 1. General Provisions

OAC 340:75-6-4 [AMENDED]

Part 5. Permanency Planning Services

OAC 340:75-6-31 [AMENDED]

Part 7. Family and Child Individualized Services Planning Components

OAC 340:75-6-40.1 [AMENDED]

OAC 340:75-6-40.4 [AMENDED]

OAC 340:75-6-40.9 [AMENDED]

Part 8. Child Welfare Specialist Role

OAC 340:75-6-48.3 [AMENDED]

OAC 340:75-6-50 [AMENDED]

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85.2 [AMENDED]

Part 13. Independent Living Successful Adulthood

OAC 340:75-6-110 [AMENDED]

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-6 [AMENDED]

OAC 340:75-8-7 [AMENDED]

OAC 340:75-8-8 [AMENDED]

OAC 340:75-8-9 [AMENDED]

OAC 340:75-8-11 [AMENDED]

OAC 340:75-8-11.1 [AMENDED]

OAC 340:75-8-12 [AMENDED]

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

OAC 340:75-11-230 [AMENDED]

OAC 340:75-11-233.1 [AMENDED]

OAC 340:75-11-237 [AMENDED]

OAC 340:75-11-239 [AMENDED]

OAC 340:75-11-240 [AMENDED]

Part 27. Residential Maternity Services

OAC 340:75-11-320 [AMENDED]

Part 33. Contracted Level D Plus and Level E Placements

OAC 340:75-11-360 [AMENDED]

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 5. Clothing Purchases

OAC 340:75-13-45 [AMENDED]

Subchapter 16. Mental Behavioral Health Treatment Services

Part 1. Inpatient Mental Behavioral Health Treatment

OAC 340:75-16-29 [AMENDED]

OAC 340:75-16-31 [AMENDED]

OAC 340:75-16-35 [AMENDED]

(Reference WF 15-01)

Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881

A.Brief description of the purpose of the proposed rule:

The proposed revisions to Chapter 75 Subchapter 3 amend definitions and protocols for child protective services to comply with statutory changes following passage of House Bills (HBs) 1078 and 1273 and Senate Bills (SBs) 292 and 535.The bills have an effective date of November 1, 2015.

The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning definitions and rules to comply with statutory changes following passage of HBs 1078, 1320, and 2069 and SBs 762 and 763 along with federal law per House Resolution 4980 (2014).

The proposed revisions to Chapter 75 Subchapter 8 amend therapeutic foster care (TFC) rules to comply with statutory changes per HB 1078 and SB 763 as well as align with emergency foster care rules.

The proposed revisions to Chapter 75 Subchapter 11 amend community-based residential care (CBRC) rules to comply with statutory requirements per HB 1078 and 1273 as well as implement core strategy approved by Pinnacle Plan Co-Neutrals regarding maltreatment in care (MIC).

The proposed revision to Chapter 75 Subchapter 13 amends policy on clothing authorizations to reflect Pinnacle Plan priority to increase resource parent reimbursement rates.

The proposed revisions to Chapter 75 Subchapter 16 amend rules for mental health treatment services to comply with statutory requirements per HB 1078.

Strategic Plan Impact.

The proposed rules to Chapter 75 Subchapter 3 achieve Oklahoma Department of Human Services (DHS) goals through consistent identification of child abuse and neglect in Oklahoma.

The proposed rules to Chapter 75 Subchapter 6 achieve DHS goals by providing clarity and improved processes for staff, children, parents, and foster parents working towards reunification, permanency, and improving child safety.

The proposed rules to Chapter 75 Subchapter 8 achieve DHS goals by improving TFC services and accountability for children in DHS custody.

The proposed rules to Chapter 75 Subchapter 11 achieve DHS goals by improving the quality and oversight of CBRC services for children in DHS custody.

The proposed rule to Chapter 75 Subchapter 13 achieves DHS goals by aligning policy with Pinnacle Plan Initiative 1.12 to increase foster care reimbursement rates for resource parents.

The proposed rules to Chapter 75 Subchapter 16 achieve DHS goals by assuring children in DHS custody receive needed psychiatric services.

Substantive changes.

Subchapter 3. Child Protective Services

Oklahoma Administrative Code (OAC) 340:75-3-120 is amended to add or amend definitions for "age-appropriate or developmentally appropriate," "failure to protect," "sexual exploitation," "trafficking in persons," and "youth," per HBs 1078 and 1273 and SB 292.

OAC 340:75-3-130 is amended to require the Child Abuse and Neglect Hotline track the number of calls received by persons unwilling to disclose basic personal information including first and last name and retain recordings for 12 months per SB 535 language to clarify documentation requirement.

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

OAC 340:75-6-4 is amended to add or amend definitions for age-appropriate or developmentally appropriate, reasonable and prudent parent standard, successful adulthood, trafficking in persons, youth, and young adult per HB1078.

OAC 340:75-6-31 is amended to:(1) limit planned alternative permanent placement to a child 16 years of age or older; (2) establish transition plan to successful adulthood for each youth; and (3) assure every youth is provided a written notice of rights per HB 1078.

Part 7. Family and Child Individualized Services Planning Components

OAC 340:75-6-40.1 is amended to reflect the successful adulthood program is lowered to 14 years of age per HB 1078.

OAC 340:75-6-40.4 is amended to change "independent living" to "successful adulthood" program per HB 1078.

OAC 340:75-6-40.9 is amended to permit the court to calculate the length of time in foster care from the time of placement for a child younger than 4 years of age per HB 2069.

Part 8. Child Welfare Specialist Role

OAC 340:75-6-48.3 is amended to establish a detailed reporting process to law enforcement for a runaway or abducted child in DHS custody per HB 1078.

OAC 340:75-6-50 is amended to update the list of child health and education records provided to the court and include the requirement for DHS to provide parents and legal guardians of foster youth with information about Oklahoma's Promise per SB 763.

Part 11. Permanency Planning and Placement Service

OAC 340:75-6-85.2 is amended to reflect requirements per 42 U.S.C. § 671(a)(29) that DHS exercise due diligence to identify and notify relatives following removal of a child from the home including adult relatives of the child and parents of the child's siblings and per HB 1078 delineate requirements and limitations for use of a planned alternative permanent living arrangement.

Part 13. Independent Living Successful Adulthood

OAC 340:75-6-110 is amended per HB 1078 to: (1) change the name of "independent living" program to "successful adulthood" program; (2) permit youth to select two members of permanency planning team; (3) create a list of essential documents for youth leaving foster care at 18 years of age; and (4) establish each youth from 14 through 15 years of age has the right to receive a credit report annually.

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-6 is amended to include new requirements for TFC contractors on reporting runaway foster youth to law enforcement per HB 1078.

OAC 340:75-8-7 is amended to change all references regarding "independent living" to "successful adulthood" program per HB 1078.

OAC 340:75-8-8 is amended to ensure TFC contractors train TFC parents in applying reasonable and prudent parent standards per HB 1078.

OAC 340:75-8-9 is amended per Pinnacle Plan Initiative 1 and Core Strategy #2 to reflect a change to performance-based contracts and establish a TFC tier system based on meeting specific criteria for services for mental and behavioral health needs.

OAC 340:75-8-11 is amended per Pinnacle Plan Initiative 1 and Core Strategy #2 to provide foster parent supports to TFC parents including child care, travel reimbursement, and liability insurance and clarify the requirements for a disruption staffing for all unplanned placement changes.

OAC 340:75-8-11.1 is amended per Pinnacle Plan Initiative 1 and Core Strategy #2 to update contractual criteria and structure for coordinated foster care in TFC homes.

OAC 340:75-8-12 is amended per Pinnacle Plan Initiative 1 and Core Strategy #2 to reflect TFC restructuring of staff and responsibilities.

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care

OAC 340:75-11-230 is amended to include definitions for "age-appropriate or developmentally appropriate," "corrective action plan," " facility," "facility action step," "facility service plan," "normalcy," "notice to comply," "plan for immediate safety," "reasonable and prudent parent standard," "residential child care facility," "serious emotional disturbance," "sexual exploitation," and "written plan of compliance" per HBs 1078 and 1273 as well as Pinnacle Plan Co-neutrals guidance on improving MIC oversight in CBRC.

OAC 340:75-11-233.1 is amended to clarify CWS Specialized Placement and Partnerships Unit (SPPU) placement responsibilities for DHS and tribal custody children implementing the Pinnacle Plan Co-neutrals guidance on improving MIC oversight.

OAC 340:75-11-237 is amended to clarify the rights of a child in CBRC including the right:to participate in age-appropriate and developmentally appropriate activities using a reasonable and prudent parent standard per HB 1078; and to unmonitored access to email, mail, social media, and phone calls with family and friends unless restricted for the child's protection.

OAC 340:75-11-239 is amended to update general responsibilities of CWS facility liaisons for DHS and tribal custody children in CBRC and CBRC providers to include monitoring CBRC contracts and supporting the placement providers, assigned CW specialists, and community partners thus implementing Pinnacle Plan Co-neutrals guidance on improving MIC oversight.

OAC 340:75-11-240 is amended to update CBRC placement provider responsibilities including:(1) references to CWS staff; (2) administration of psychotropic medication; (3) cooperation with any inspection, investigation, plan for immediate safety, or corrective action plan made by DHS and Office of Client Advocacy; (4) removal of designated smoking areas; and (5) contract requirements for staffing ratio and training in reasonable and prudent parent standard.The changes implement Pinnacle Plan Co-neutrals guidance on improving MIC oversight

Part 27. Residential Maternity Services

OAC 340-11-320 is amended to update the language due to:(1) changing "independent living" to "successful adulthood" programs per HB1078; (2) CWS internal restructuring; and (3) a change in referencing children absent without leave.

Part 33. Contracted Level D Plus and Level E Placements

OAC 340:75-11-360 is amended to update language due to:(1) changing "independent living" to "successful adulthood" programs and lowering age requirements per HB1078; (2) CWS internal restructuring; and (3) inclusion of victims of sexual exploitation per HB 1078.

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 5. Clothing Purchases

OAC 340-13-45 is amended to clarify the clothing cost for a child in DHS custody is included in the foster care maintenance payment and a separate clothing authorization is permitted only in certain circumstances.Per the Pinnacle Plan, foster care maintenance payment increased to cover costs and budget constraints limit the available funding for additional clothing authorizations.

Subchapter 16. Mental Behavioral Health Treatment Services

Part 1. Inpatient Mental Behavioral Health Treatment

OAC 340:75-16-29 is to include definitions for "age-appropriate or developmentally appropriate," "behavioral health," "corrective action plan," "designated agent," "facility," "facility action step," "institution," "facility service plan," "mental health facility," "normalcy," "notice to comply," "plan for immediate safety," "reasonable and prudent parent standard," "residential child care facility," "residential treatment center," "restraint," "seclusion," and "written plan of compliance" per HBs 1078 and 1273, align definitions with Oklahoma Health Care Authority (OHCA) policy regarding psychiatric services, and incorporate Pinnacle Plan Co-neutrals guidance on improving MIC oversight in CBRC.

OAC 340:75-16-31 is amended to align with OHCA changes in policy and terminology.

OAC 340:75-16-35 is amended to update language due to CWS internal restructuring, outlining CW facility liaison responsibilities, and updating corresponding changes in CBRC policy that incorporates Pinnacle Plan Co-neutrals guidance on improving MIC oversight.

Reasons.

Chapter 75 Subchapter 3: The proposed revisions address legislative changes to CPS taking effect November 1, 2015.

Chapter 75 Subchapter 6: The proposed revisions provide clear and concise rules for CWS staff working to improve permanency outcomes for DHS custody children and update policy due to new federal requirements.

Chapter 75 Subchapter 8: The proposed revisions address TFC program and performance-based contract changes.

Chapter 75 Subchapter 11: The proposed revisions provide clear and concise rules for CWS staff, clients, and contractors to improve the quality of care provided to children in residential placements.Due to the reorganization of DHS, division, unit, and position titles are updated.

Chapter 75 Subchapter 13: The proposed revision acknowledges the increase to foster care maintenance payments per Pinnacle Plan Initiative 1.12.

Chapter 75 Subchapter 16: The proposed revisions address legislation effective November 1, 2015 and ongoing Pinnacle Plan core strategy to reduce MIC.Due to the reorganization of DHS, division, unit, and position titles are updated.

Repercussions.

Chapter 75 Subchapter 3: The proposed modifications are designed to ensure consistency in policy application for CWS staff and parents to protect children from abuse and neglect.

Chapter 75 Subchapter 6: The proposed modifications are designed to create uniformity in policy application and ensure improved permanency outcomes for children in DHS custody.

Chapter 75 Subchapter 8: The proposed modifications are designed to improve TFC services.

Chapter 75 Subchapter 11: The proposed modifications are designed to ensure consistency in policy application for CWS staff, children, and contractors.

Chapter 75 Subchapter 13: The proposed modification is designed to ensure efficient use of funding.

Chapter 75 Subchapter 16: The proposed modifications are designed to ensure consistency in policy application with OHCA policy and address 2015 legislative changes.

Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162);

Chapter 75 Subchapter 3:10 O.S. §§ 175.20 and 402; 10A O.S. §§ 1-1-101, 1-1-102, 1-1-105, 1-2-101, 1-2-102, 1-2-105, 1-6-102, and 1-6-105; 21 O.S. §§ 748, 748.2, and 1040.13a; HBs 1078 and 1273; SBs 292 and 535.

Chapter 75 Subchapter 6:10 O.S. §§ 7700-102, 7700-204; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-203, 1-4-204, 1-4-704, 1-4-706, 1-4-707, 1-4-709, 1-4-807, 1-4-809, 1-4-811, 1-4-901, 1-4-902, 1-4-904, 1-4-907, 1-4-908, 1-7-103, 1-7-106, 1-9-107; 70 O.S. § 1-101, 2601 through 2605, 3230; 20 U.S.C. §§ 1400 through 1461; 22 U.S.C. § 7102; 42 U.S.C. §§ 671 and 673; HBs 1078, 1320, and 2069; SBs 762 and 763.

Chapter 8 Subchapter 8:10A O.S. §§ 1-1-105, 1-2-101, 1-6-102, 1-7-105, and 1-9-119; HB 1078 and SB 763.

Chapter 75 Subchapter 11: 10A O.S. §§ 1-2-101, 1-3-102, 1-6-107, 1-7-103, 1-7-105, and 1-9-110; 70 O.S. § 1-113; HBs 1078 and 1273.

Chapter 75 Subchapter 16: 10A O.S. § 1-1-105; 43A O.S. §§ 5-502 and 5-513; HB 1078.

Permanent rulemaking approval is requested.

Emergency approval was approved by the Governor on February 29, 2016, to comply with HBs 1078, 1273, 1320, and 2069; SBs 292, 535, 762 and 763; Pinnacle Plan Core Strategy #2 and Initiative 1; new federal requirements; and Co-neutral guidance.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:

Chapter 75 Subchapter 3: The classes of persons most likely to be affected by the proposed rules are CWS staff, parents, and children involved in CPS cases. The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 6: The classes of persons most likely to be affected by the proposed rules are CWS staff, foster parents, parents, and children involved in permanency cases. The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 8: The classes of persons most likely to be affected by the proposed rules are CWS staff and children in DHS custody with mental and behavioral needs.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 11: The classes of persons most likely to be affected by the proposed rules are CWS staff, contractor staff, and parents and children in CWS cases. The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 13: The classes of persons most likely to be affected by the proposed rule are CWS staff, parents, and children.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 16: The classes of persons most likely to be affected by the proposed rules are CWS staff, contractor staff, parents, and children.The affected classes bear no costs associated with the implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule:

Chapter 75 Subchapter 3: The classes of persons who will benefit are CWS staff, parents, and children involved in CPS cases.

Chapter 75 Subchapter 6: The classes of persons who will benefit are CWS staff, foster parents, parents, and children involved in permanency cases.

Chapter 75 Subchapter 8: The classes of persons who will benefit are CWS staff, foster parents, parents, and children.

Chapter 75 Subchapter 11: The classes of persons who will benefit are CWS staff, contractor staff, parents, and children in CBRC.

Chapter 75 Subchapter 13: The classes of persons who will benefit are CWS staff, parents, and children.

Chapter 75 Subchapter 16: The classes of persons who will benefit are CWS staff, parents, and custody children needing psychiatric services.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:There are no fee changes associated with the revised rules.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:

OAC 340:75-8-9 amendments change TFC contracts to performance-based and establish a tier system based on meeting specific criteria for services for mental and behavioral health needs.The Pinnacle Plan appropriation for SFY-16 included dedicated funding for TFC services to cover an increase in the number of children served due to shelter closures and for the expected increase in costs due to expanded services – an increase of $1,713,879 in total dollars, $1,395,143 in state dollars.

OAC 340:75-11-239 amendments update general responsibilities of CW facility liaisons for DHS and tribal custody children placed in CBRC and includes monitoring of CBRC contracts and supporting the placement providers, assigned CW specialists, and community partners.The change in responsibilities will require follow-up with Human Resource Management to re-evaluate the job family descriptions.No cost estimate is available at this time.

OAC 340-13-45 amendments clarify the clothing cost for a child in DHS custody is included in the foster care maintenance payment and a separate clothing authorization is permitted only in certain circumstances.Due to the rate increases to foster/adoptive parents, clothing vouchers are obsolete since the funding is now included in the monthly maintenance payment.This change gives foster parents more purchasing flexibility than the vouchers as fewer and fewer vendors were accepting the vouchers.Adding the funding to the reimbursement permits them to shop anywhere.This change saves $225,000.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly, non-regulatory, or less intrusive methods for achieving the purpose of the proposed rules.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation of the proposed rule revisions clarify and update rules that facilitate quicker, more efficient service delivery to children and families may reduce risks to children's health, safety, and environment.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, processes may not be followed as intended that may delay the services to persons who are in need and place children at risk.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared September 21, 2015; modified February 4, 2016; modified January 3, 2017.

Rule Impact Statement

To:Programs administrator

Office of Intergovernmental Relations and Policy

From:Jami Ledoux,Director

Child Welfare Services (CWS)

Date:January 3, 2017

Re:CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 3. Child Protective Services

Part 5. Investigative Findings and Appeals

OAC 340:75-3-530 [AMENDED]

Subchapter 6. Permanency Planning

Part 8. Child Welfare Specialist Role

OAC 340:75-6-50 [AMENDED]

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85 [AMENDED]

OAC 340:75-6-85.5 [AMENDED]

OAC 340:75-6-89 [AMENDED]

OAC 340:75-6-91 [AMENDED]

Subchapter 7. Foster Home Care

Part 6. Foster Resource Home Care Support Services

OAC 340:75-7-65 [AMENDED]

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 1. Eligibility for Substitute Care Services and Claims for Payment

OAC 340:75-13-9 [AMENDED]

(Reference WF 17-06)

Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881

A.Brief description of the purpose of the proposed rule:

The proposed revision to Chapter 75 Subchapter 3 amends the rules regarding the appeals process on substantiated findings of child abuse or neglect.

The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update:(1) policy prohibiting use of corporal punishment by school personnel; (2) approval requirements on overnight travel out of Oklahoma and the United States (U.S.); and (3) preventative child care subsidy policy to comply with federal requirements.

The proposed revisions to Chapter 75 Subchapter 7 amends foster care rule to address the child care subsidy, respite care, and travel reimbursement.

The proposed revision to Chapter 75 Subchapter 13 amends rule to align rule with statute regarding responsibility for providing required documentation.

Strategic Plan Impact.

The proposed revisions to Chapter 75 Subchapter 3 achieve Oklahoma Department of Human Services (DHS) goals by clarifying the appeal process on substantiated findings for staff and the person responsible for the child's health, safety, or welfare (PRFC).

The proposed revisions to Chapter 75 Subchapter 6 achieve DHS goals by providing clarity and improved processes for staff, children, parents, and placement providers working towards reunification, permanency, and improving child safety.

The proposed revision to Chapter 75 Subchapter 7 achieves DHS goals by providing clarity and improving the processes for child care subsidy and travel reimbursement for resource parents and staff.

The proposed revisions to Chapter 75 Subchapter 13 achieve DHS goals by providing clarity to staff and parents on providing required documentation.

Substantive changes.

Subchapter 1. General Provisions of Child Welfare Services

Oklahoma Administrative Code (OAC) 340:75-3-530 is amended to clarify when an appeal of a substantiated finding that failed upon review to meet substantiation criteria may with additional documentation be reversed, as well as upheld or modified.

Subchapter 6. Permanency Planning Services

Part 8. Child Welfare Specialist Role

OAC 340:75-6-50 is amended to include information about access to the Oklahoma Promise scholarship program and restrictions on school discipline policy for children in DHS custody.

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85 is amended to recognize the role of group home providers as essential participants in the decision-making process for children in DHS custody and by noting a statement of group home rights is attached to each group home contract.

OAC 340:75-6-85.5 is amended to update court options for written order to specify that DHS supervision only cases include placement of a child in a relative's temporary custody.

OAC 340:75-6-89 is amended to update travel approval requirements for a child in DHS custody following Child Welfare Services (CWS) reorganization under the Pinnacle Plan.

OAC 340:75-6-91 is amended, at the request of Adult and Family Services, to update the requirements for a child with disabilities to qualify for the special needs rate for child care subsidy.

Subchapter 7. Foster Home Care

Part 6. Foster Resource Home Care Support Services

OAC 340:75-7-65 is amended to: (1) align child care subsidy policy with requirement in Adult and Family Services policy; (2) clarify respite care requirements; (3) include information about how to file a complaint about retaliation or discrimination; and (4) update travel reimbursement for resource parents.

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 1. Eligibility for Substitute Care Services and Claims for Payment

OAC 340:75-13-9 is amended to align with the statute requiring the parent, custodian, or legal guardian to provide a copy of the child's birth certificate to DHS.

Reasons.

Chapter 75 Subchapter 3:The proposed revision clarifies the review procedure for appeal of substantiated finding of child abuse or neglect.

Chapter 75 Subchapter 6:The proposed revisions provide clear and concise rules for CWS staff working to improve permanency outcomes for DHS custody children and update policy.

Chapter 75 Subchapter 7: The proposed revision provides clear and concise rules for CWS staff and resource parents working to improve outcomes for DHS custody children.

Chapter 75 Subchapter 13:The proposed revision aligns rule with statutory requirement.

Repercussions.

Chapter 75 Subchapter 3:The proposed modification ensures consistency in the review process for the PRFC with a substantiated finding of child abuse and neglect.

Chapter 75 Subchapter 6:The proposed modifications are designed to create uniformity in policy application and ensure improved permanency outcomes for children in DHS custody.

Chapter 75 Subchapter 7: The proposed revision provides clear and concise rules for CWS staff and resource parents working to improve outcomes for DHS custody children.

Chapter 75 Subchapter 13:The proposed modification reduces paperwork for CWS staff.

Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Chapter 75 Subchapter 3:10A O.S. §1-4-203, Child Abuse Prevention and Treatment Act, 42 United States Code (U.S.C.) § 5101 et seq., Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-1-102, 1-4-204, 1-4-705, 1-4-707, 1-4-803 through 1-4-805, 1-4-704, 1-4-812, 1-7-103, 1-7-106, 1-7-107, 1-7-110, 1-9-119; 70 O.S. § 1-101 et seq.; Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Adoption Provisions 1996, Individuals with Disabilities Education Act, Education of All Handicapped Children Act, 20 U.S.C. §§ 1400 through 1461, and 25 U.S.C. 1915; Chapter 75 Subchapter 7:10A O.S. § 1-9-119; 68 O.S. § 2358.5-1; and Subchapter 13:  10A O.S. § 1-4-203.

Permanent rulemaking approval is requested.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:

Chapter 75 Subchapter 3:The classes of persons most likely to be affected by the proposed rules are the appealing PRFCs and CWS staff.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 6:The classes of persons most likely to be affected by the proposed rules are CWS staff, foster parents, parents, group homes, and children involved in permanency cases.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 7:The classes of persons most likely to be affected by the proposed rule are CWS staff, foster parents, parents, and children in DHS custody.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 13:The classes of persons most likely to be affected by the proposed rule are parents and CWS staff.The affected classes bear no costs associated with implementation of the rule.

C.A description of the classes of persons who will benefit from the proposed rule:

Chapter 75 Subchapter 3:The classes of persons who will benefit are individuals appealing a substantiated finding of child abuse or neglect and CWS staff.

Chapter 75 Subchapter 6:The classes of persons who will benefit are CWS staff, foster parents, parents, group homes, and children involved in permanency cases.

Chapter 75 Subchapter 7:The classes of persons who will benefit are CWS staff, foster parents, parents, and children in DHS custody.

Chapter 75 Subchapter 13:The classes of persons who will benefit are parents and CWS staff involved with a child in DHS custody.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to positively impact clients, families, and DHS staff.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly, non-regulatory, or less intrusive methods for achieving the purpose of the proposed rules.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation of the proposed rule revisions clarify and update rules that facilitate quicker, more efficient service delivery to children and families and may reduce risks to children's health, safety, and environment.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, processes may not be followed as intended that may delay the services to persons who are in need and place children at risk.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 31, 2016; modified August 9, 2016; modified December 9, 2016; modified January 3, 2017.